(Download) "Anderson v. Pickrell" by Arizona Supreme Court No. 13203 " eBook PDF Kindle ePub Free
eBook details
- Title: Anderson v. Pickrell
- Author : Arizona Supreme Court No. 13203
- Release Date : January 13, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
This special action arises out of a petition for divorce filed by Sharon M. Anderson against her husband, Robert V. Anderson, in the Superior Court of Maricopa County. Following the entry of judgment, the Superior Court entered an order finding that Sharon M. Anderson would not be financially able to give a supersedeas bond to stay execution of the judgment and granted her motion to stay pending the appeal upon ""filing a written understanding with the Court in place of supersedeas bond."" Robert V. Anderson then brought this special action here, asserting that the stay upon written understanding in place of a supersedeas bond is in excess of the Superior Court's authority. The order of the Superior Court staying the execution of the judgment in Cause No. DR 50394 of the Maricopa County Superior Court is vacated. The function of a supersedeas is, of course, to stay the enforcement of a judgment or decree of court brought up on appeal. Its effect is to restrain a party and the lower court from taking affirmative action to enforce the judgment or decree. While an appeal with proper supersedeas stays the execution of the judgment, it does not detract from its decisiveness and finality. Huron Holding Corp. v. Lincoln Mine Operating Co., 312 U.S. 183, 61 S.Ct. 513, 85 L.Ed. 725 (1941).